Plaintiff later filed a Motion to Reconsider, attaching a handwritten statement purporting to evidence offers by third parties to purchase at least portions of the land at what Plaintiff said was a price higher than the values stated in the Report of Commissioners. The trial court denied the Motion to Reconsider. ¶ 5 As principal support for reversal, Plaintiff relies upon Herron Trust v. Swarts, 1961 OK 89, 361 P.2d 280, which held the statutes governing partition were directory and not mandatory and that a trial court had the discretion to hear an objection to a report of commissioners which was filed at any time prior to confirmation. Plaintiff contends the trial court should have exercised its discretion to at least consider the reasons why the challenge to the Report of Commissioners was delayed.
Oklahoma courts have previously strictly construed statutory provisions governing partition proceedings. Herron Trust v. Swarts, 1961 OK 89, ¶ 7, 361 P.2d 280, 282 (strictly enforcing the statutory time period for filing an election to take the property at the appraised value, because the statute provides an election shall be filed within ten days); Lively v. Howard, 2005 OK CIV APP 98, ¶ 11, 125 P.3d 703, 705 (affirming judgment of court that refused to set aside commissioner's report, because court had no discretion to extend time for filing an exception to commissioner's report once time had expired). Although partition is an equitable proceeding, equity follows the law.
See, e.g., Pa.R.Civ.P. 1563(b); Cook v. Todd's Estate, 249 Iowa 1274, 90 N.W.2d 23 (1958); Morris v. Tracy, 58 Kan. 137, 48 P. 571 (1897); Catlin v. Catlin, 60 Md. 573 (1883); Darling v. Darling, 85 Ohio St. 27, 96 N.E. 939 (1911); Malone v. Malone, 119 Ohio App. 503, 199 N.E.2d 405 (1963); Rankin v. Coffer, 85 Ohio L.Abs. 391, 174 N.E.2d 631 (Ct.App. 1960); Beaver v. Bates, 109 Ohio App. 164, 164 N.E.2d 429 (1958); Burch v. Brooks, 15 Ohio C.C. n.s. 443 (1909), aff'd mem. 82 Ohio St. 441, 92 N.E. 1110 (1910); Sun Investment and Loan Corp. v. McIntyre, 537 P.2d 341 (Okla. 1975); Herron Trust v. Swarts, 361 P.2d 280 (Okla. 1961); Beall v. Hare, 405 Pa. 288, 174 A.2d 847 (1961); McCall's Appeal, 56 Pa. 363 (1868); Merklein v. Trapnell, 34 Pa. 42 (1859); Dewar v. Spence, 2 Whart. 211 (Pa. 1837); Kline v. Grayson, 4 Binn. 225 (Pa. 1811); Harbin v. Harde, 141 Pa. Super. 1, 14 A.2d 866 (1940); Swayne v. Lone Acre Oil Co., 98 Tex. 597, 86 S.W. 740 (1905); Weenolsen v. Kamber, 137 Vt. 540, 409 A.2d 577 (1979); Billings v. Billings, 114 Vt. 512, 49 A.2d 179 (1946); Quillen v. Tull, 226 Va. 498, 312 S.E.2d 278 (1984); Shotwell v. Shotwell 202 Va. 613, 119 S.E.2d 251 (1961); Thrasher v. Thrasher, 202 Va. 594, 118 S.E.2d 820 (1961); Roberts v. Hagan, 121 Va. 573, 93 S.E. 619 (1917); Corrothers v. Jolliffe, 9 S.E. 889 (W.Va. 1889); 59 Am.Jur.2d, "Partition" § 132 at 877 (1972 1985 Supp.); Annotation, "Partition, construction and application of provision for assignment, to one of co-owners, of real estate not readily divisible," 169 A.L.R. 862 (1947 1985 Supp.). Under the court's inherent equitable powers, the Supreme
We hold the trial court did not err in finding that appellant's objections and exceptions to the Commissioners' Report were filed after the report had been approved and confirmed. Appellant contends that under our holding in Herron Trust v. Swartz, Okla., 361 P.2d 280 (1961), the trial court, as a matter of law, should have (1) ordered a new appraisal, or (2) required the property to be sold at public auction. 12 O.S. 1971 § 1516[ 12-1516], provides that:
The advance bid of $2,000 by Mrs. Foster in her answer in the case at bar was a matter the trial court undoubtedly considered in reaching its decision. In a similar case, Herron Trust v. Swarts, Okla., 361 P.2d 280, in which Herron Trust objected to the taking of certain land by Swarts at its appraised value of $10,800 and alleged in his objection and motion that he was ready and willing to enter a bid of $11,880, we instructed the trial court as follows: "* * * the trial court should first satisfy itself that Herron Trust is still ready to pay $11,880 for the land and timber.